INTRODUCTION
This page (together with any documents referred to, within it) tells you the Terms & Conditions on which we supply any of the products (Products) listed on our website – www.ByBloom.co.uk (our website) to you. Please read these Terms & Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions.
OUR INFORMATION
www.bybloom.co.uk is a website operated by Larry Walshe Ltd (we). We are a registered company in England and Wales under the company number 8988717. Our VAT number is 185096578.
ACCESS
We reserve the right to withdraw or amend our web site at any time. In using our site you agree to accept and abide by all of our Terms & Conditions and act in accordance with the law. You may not alter, impair or interfere in any way with our website. If you default negligently in any obligations set out in these Terms & Conditions (including our Privacy Policy) you shall be liable for all the losses and damages that this may cause to Larry Walshe Limited, our affiliates, partners or licensors. By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
ORDERING ONLINE
After placing your order, you will be sent a confirmation e-mail confirming the value of your order, which has been debited from your credit or debit card. If you have any queries regarding your order please contact us immediately on 0208 540 5305 or via email to hq@bybloom.co.uk. We will contact you by e-mail or telephone if we have any queries relating to your order.
All subscription requests and orders received are subject to acceptance by Larry Walshe Ltd and any of our personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of a rejection, we will refund or cancel any payments received in full, via the payment method used to place the original order.
PERSONAL MESSAGES
You must agree that any messages sent by us as a third party will not contain anything that can be construed as vulgar, abusive, harassing, racist or defamatory and that may cause upset and embarrassment to the recipient or any other person. Larry Walshe retain the right to refuse to send or display any messaged deemed as objectionable.
AMENDING AN ORDER
Standard Orders:
If you wish to make any changes to your order you may do so by e-mailing us or by calling us on 0208 540 5305. We will always do our very best to make last-minute changes for you but can only guarantee requests that are received by 9am 5 working days prior to your delivery date. At peak periods we begin processing orders earlier than usual in order to account for the large volume of deliveries. This means that we may require up to 10 working days notice for any changes to be made.
Subscription Orders:
If you wish to change your subscription or make any adjustments to the delivery frequency, please do so via your dashboard in the account area of the Bloom website. We will always do our very best to make last-minute changes for you but can only guarantee requests that are received by 9am 5 working days prior to your delivery date. At peak periods we begin processing orders earlier than usual in order to account for the large volume of deliveries. This means that we may require up to 10 working days notice for any changes to be made.
PRICES
Standard Orders
All prices for products on our web site are inclusive of VAT at the prevailing rate. All prices, unless stated otherwise, exclude delivery. Prices are liable to change at any time. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a product’s correct price is higher than the stated price on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject the order and notify you of such rejection. We are under no obligation to supply you with the Product at the incorrect (lower) price, even after we have sent you an order confirmation.
Subscription Prices
The price for each order within a subscription is the price at the time that a subscription is setup. We reserve the right at our absolute discretion, to riase our prices at any time for reasons including but not limited to price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription with us free of charge.
PAYMENT
We accept American Express, Visa and MasterCard credit and debit cards as well as Apple Pay. In order to offer the best security, all our payments are processed securely by Stripe.
All cards are subject to validation checks and authorisation by the card issuer. We will not be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries, you will be billed on a recurring basis every week in which a delivery is scheduled. The amount your card will be billed in any given week will be the value of your order(s) for the given week.
If you create an account and enter your payment details, your card will be stored securely by Stripe so that you can check out on future visits without re-entering your card details.
We never store or have access to your credit or debit card details.
INTELLECTUAL PROPERTY RIGHTS
The copyright, design rights, trade marks (whether registered or not), patents (whether registered or not) and any and all other intellectual property rights including the software, source code contained on this website, including without limitation any designs comprising the products or any part of them, the designs, text, graphics, logos and images are the property of Larry Walshe Ltd or its licensors and you have no rights, title or interest in the Intellectual Property Rights.
DELIVERY
Incorrect personal details may lead to problems or delays in delivery so before placing your order please ensure you have included the full name, address details, including accurate postcode and telephone number of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. Special delivery conditions apply to certain locations where a third party is involved such as hotels, hospitals and offices. In such cases, the signature of the person authorised to receive the order shall be accepted as proof of delivery and fulfilment of the order.
Please note that not all hospitals can take delivery of flowers. If you wish to send flowers to a hospital, please telephone in advance to check they can do this.
All products and flowers are subject to availability. In the event of supply difficulties, we reserve the right to substitute a product of equivalent value and quality without notice.
Our flowers are dispatched and delivered by DPD. Should no one be available to accept the delivery, the flowers may be left on the property (including on a porch or step) or with a neighbour. Should you have a preferred location for our courier to leave your order, please specify this when contacted by DPD. Should you prefer our courier not to leave the flowers on the property if no one is available to sign for the consignment, please write this clearly in the delivery information box when navigating through the checkout process. In this instance, the flowers will be taken back to the delivery depot and the recipient will be left a card asking them to call and arrange a re-delivery.
The flowers will be at your risk from the time of delivery. We cannot accept any liability for delayed deliveries caused by any third party or due to fire, flood or mechanical breakdown. We are also unable to accept liability for consignment being delivered to the wrong address due to incorrect postcodes or house names or numbers.
Nationwide next day delivery is available for all orders placed by 11:00. We do deliver on both Saturday and Sunday if our premium delivery services are selected.
We do deliver to most UK addresses, but there are a few exceptions. We are currently unable to deliver to the Scottish Isles, Northern Ireland, Isle of Wight, Isle of Man, Jersey, Guernsey and Scilly Isles.
TIMING OF YOUR ORDER
As a part of the checkout process you will be able to select the delivery date & delivery service for your first order delivery; whether that delivery is a one-off order or part of a subscription. In the case of a subscription, you will also be able to select the frequency of recurrence.
CANCELLATION – STANDARD ORDERS
Should you need to cancel an order, we will require a written notification to hq@bybloom.co.uk five working days notice prior to the delivery date. At peak periods we begin processing orders earlier than usual in order to account for the large volume of deliveries. This means that we may require up to 10 working days notice for any changes to be made.
PAUSING OR CANCELLING YOUR SUBSCRIPTION
Should you need to change your subscription, please use your dashboard in your account area of the Bloom website. You can pause or cancel a subscription at any time by providing notice to us at 9am 5 working days before the intended delivery date within your subscription plan. In such circumstances the pause or cancellation will take effect without charge. Where notice is provided after that time, you will still receive and be charged for your next delivery your pause or cancellation instruction will take effect after that delivery. Our subscriptions are intended to be ongoing with multiple deliveries and whilst you are welcome to pause or cancel at any time, we reserve the right to cancel any subscriptions if we consider this service is being abused.
REFUNDS POLICY
Flowers and Plants:
We guarantee our flowers and plants for a minimum of 5 days from date they are delivered provided that the care instructions are followed. We carefully package and distribute all flowers to ensure they arrive with the intended recipient in perfect condition however, in the unlikely event that your flowers have been damaged in transit please keep the flowers and contact us within 24 hours of receipt. We cannot be held liable for claims reported outside of this time. Where possible we will offer to replace the damaged flowers, however if this is not feasible we will offer a full refund to the purchaser.
Vases and Pots:
If you change your mind for any reason and wish to receive a refund for a pot or vase purchase, we are happy for you to return your purchase to us within 30 days of it being dispatched. The item must be unused and in its original retail packaging. Please note, we do not cover the cost of returns and we strongly advise that you insure your parcel for the correct purchase price and get proof of postage alongside a tracking number as we are unable to issue a refund for items that are lost or damaged whilst being returned to us. Please ensure any item returned to us is packaged well; we reserve the right to refuse a return on any item which is not in perfect condition. To arrange a refund, please contact hq@bybloom.co.uk and our customer services team will be delighted to assist you.
All refunds will be processed to the original payment card used. We cannot be responsible for any interest charges made by your credit card company whilst you are awaiting for your return to be refunded onto your card. We are unable to apply any discounts after the checkout process has been completed.
Gift Vouchers and Sales Items:
The purchase of gift vouchers or any items sold within a sale are final and non-refundable.
RETURNS
Due to the perishable nature of flowers and plants, we are unable to accept returns.
If you have received an item which you believe to be faulty or damaged, please email hq@bybloom.co.uk within 72 hours of your item being delivered along with photographs and a description of the issue and our customer services team will be delighted to resolve the problem for you. We will arrange collection of the faulty item from you and cover the delivery cost of the replacement. Please note, if we are not notified within this timeframe, we are unable to refund or replace the items concerned.
STATUS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality and any such warranties are disclaimed by us absolutely. We reserve the right to contact you by email, after your first order.
OFFERS AND PROMOTION CODES
At our discretion from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Bloom service, and are only available once to any one household.
Discounts and credits cannot be used in conjunction with any other offers.
We only allow one promotion code to be used per order.
Except where otherwise stated, discounts and credits are available only once to any one person.
Credit expires 12 months from the date that it is added to an account
We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
We reserve the right, at our absolute discretion, to expire, revoke or temporarily remove any loyalty or b.sustainable points that have been accrued on your account.
Except where otherwise stated, voucher discounts and credits cannot be redeemed against or applied to orders placed during key peak periods where supply is limited. These include, but are not limited to, 7 delivery days up to and including Valentine’s Day and Mother’s Day.
Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the flower or bouquet cost unless otherwise stated.
DISCLAIMER
Whilst we agree to use our reasonable endeavours to ensure that the website is fully operational and error free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the website, and shall be released from our obligations under these Terms & Conditions in the event of any cause beyond our reasonable control which renders the provision of the website impossible or impractical.
We exclude, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability of any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with your use or inability to access the Larry Walshe website and/or the Larry Walshe service. This exclusion shall apply in respect of, without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise provided that nothing contained in these Terms & Conditions affects or will affect the statutory rights of the customer or the recipient in relation to the quality, fitness or description of the products supplied.
GENERAL
We reserve the right to supplement and amend the Terms & Conditions on which you are permitted access to the website from time to time. Any changes will be posted on the website and it is your responsibility as a customer to review any changes on accessing the website. Additionally, we reserve the right to suspend, restrict or terminate access to the website for any reason at any time.
These Terms & Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms & Conditions shall prevail. If any of these Terms & Conditions are held to be invalid or enforceable, the remaining provisions shall remain in full force and effect.
LIABILITY
If the flowers we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 24 hours of receipt of the products in question. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation.
We accept no liability for death or personal injury arising from our negligence.
We accept no liability for fraud or fraudulent misrepresentation.
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control, including but not limited to breakdown of systems or network access, flood, fire, explosion or accident.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
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